§ 5-15.05. Massage establishment and off-premises massage business owner background check and approval required prior to issuance of a business tax certificate, zoning clearance, massage establishment permit, or off-premises massage business permit.

(a)

Any person, association, partnership, or corporation desiring to operate a massage establishment or operate an off-premises massage business, that will own or does own five (5%) percent or more of the massage establishment or off-premises massage business, must make an application to the Chief of Police for an investigation of the applicant's background and history. A nonrefundable fee, in an amount set by resolution, must accompany the submission of each application to defray the cost of investigation, inspection, and enforcement of this chapter. Every two (2) years, a nonrefundable renewal fee will also be charged to defray associated costs of investigation, inspection, and enforcement due to permit renewal.

(b)

Applicants are required to make payment to the Department of Justice for fingerprinting services as required by this chapter. A massage establishment permit or off-premises massage permit does not authorize the permittee to provide massage services, and it is unlawful to do so without valid CAMTC certification. A separate permit shall be required for each establishment, and new applications for any change in ownership.

(c)

Each applicant for a massage permit must submit the following information for review by City-approved investigative firms:

(1)

The full true name and any other names used presently or in the past by the applicant, including those under which the business will be conducted.

(2)

The present physical address, telephone number, and primary email addresses (if such email addresses are possessed) of the business and of the applicant. The applicant consents to service of all required notices under this chapter to the physical address of the business, which shall be the service address.

(3)

California driver's license or California Department of Motor Vehicles issued Identification Card and social security number(s).

(4)

The proposed business name (OBA) and present or proposed address of the massage establishment, off-premises massage business, or place the sole proprietor is based, and any fixed locations where massage services are practiced more than five (5%) percent of the time and a statement whether the applicant intends to personally provide massage services at the business. The applicant for a massage establishment permit or off-premises massage permit is required to obtain a certificate from CAMTC if that person intends to provide massage services.

(5)

Each residence and business address of the applicant for the ten (10) years immediately preceding the date of the application, and the inclusive dates for such addresses.

(6)

Date of birth and written proof that the applicant is at least eighteen (18) years of age.

(7)

Applicant's height, weight, and color of eyes and hair.

(8)

Two (2) identical photographs of the applicant at least two (2) inches by two (2) inches taken within four (4) months preceding the date of the application.

(9)

Applicant's business, occupation, and employment history for the ten (10) years immediately preceding the date of application.

(10)

The business license or permit history of the applicant, including whether such applicant has ever had any license or permit for a massage business or establishment, as owner, operator, or manager issued by any agency or board, city, county, state, territory, or federal agency denied, revoked, or suspended, or has had any professional or vocational license or permit denied, revoked, or suspended and the reason(s) for the denial, revocation, or suspension.

(11)

All criminal convictions for any of the offenses set forth in this chapter, and a statement of the dates and places of such convictions, along with a current copy of his or her Criminal Index Information (CII) report.

(12)

If the applicant is a corporation, the name of the corporation must be set forth exactly as shown in the articles of incorporation or charter, together with the states and date of incorporation and names and residence addresses of each of its current officers and directors, and each stockholder holding more than five (5%) percent of the stock of the corporation. If the applicant is a partnership, the application must set forth the names and residence addresses of each of the partners, including the limited partners. If the applicant is a limited partnership, it must furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more partners is a corporation, the provisions of this section pertaining to corporate applicants will apply. The applicant corporation, partnership, or business entity must designate one of its officers or general partners to act as its Responsible Managing Officer. Such person must complete and sign all application forms required of any individual applicant under this chapter, but only one application fee will be charged. Each additional owner/partner designated as an RMO, if any, on a Massage Establishment Permit shall pay an additional permit fee as outlined in the Schedule of Service charges. Such person shall, at all times, meet all of the requirements set for Permittees by this Article or the Permit shall be suspended until a Responsible Managing Officer who meets such requirements are designated. If no such person is found within 90 calendar days after the Permit's suspension, the corporation, partnership, or business entity's Permit is deemed canceled. If the corporation, partnership, or business entity wishes to reapply for a Permit after such cancellation, a new application shall be filed.

(13)

State and Federal Employer Identification Numbers (EINs), if any.

(14)

The name and addresses of the owner and lessor of the real property upon or in which the massage establishment or off-premises massage business is to be operated, and a copy of the lease or rental agreement. If the applicant is not the legal owner of the property, a notarized acknowledgement from the owner of the property that a massage establishment or off-premises massage business will be located on his or her property is required for each massage establishment permit location. Such acknowledgement will also inform the property owner that, in addition to any other liability that may be imposed by law, the property owner can be held legally responsible for the costs of any nuisance abatement under this chapter relating to the property on which the massage establishment or off-premises massage business is located.

(15)

The full true names and other names used, the present addresses and telephone numbers, California driver's license numbers, birth date, and social security numbers, and state certificates from the CAMTC licenses for all massage practitioners who will be working as employees or independent contractors at each massage establishment or off-premises massage business location and all other employees regardless of the nature of the employment. The applicant must also provide this information for the managing employee and any operators. At least one actual person must be designated as a managing employee, who may be the RMO. The applicant must provide the Chief of Police with any changes (including hiring, resignation, or termination) in the massage practitioners, independent contractors and employees that work at the massage establishment or off-premises massage business during the permit period within ten (10) working days of each change.

(16)

If the applicant is not a current CAMTC-licensed professional at the time of application and at the time of permit issuance, the applicant must pay for and obtain an independent Live Scan fingerprinting from an independent City approved provider and have the results sent to the City of Simi Valley Police Department by the Department of Justice for the purpose of verifying identification and checking background information and convictions.

(17)

If the applicant is not a current CAMTC-licensed professional at the time of application and at the time of permit issuance, the applicant must pay for and obtain an independent background investigation from a City-qualified background investigative firm and have the results sent to the City of Simi Valley Police Department by the investigative firm. The Police Department shall maintain and update no less frequently than every two (2) years a list of City-approved firms that provide this service.

(18)

Such other identification and information as may be required by the Chief of Police in order to verify the information to be included in the application. Applicant shall provide written authorization for the City, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and into the background, if applicable, of the applicant and the RMO, managing employee(s), and operators of the massage establishment or off-premises massage business.

(d)

Plans. An application for a massage establishment shall also include the following, and shall be subject to the review and approval of the Building and Safety and Planning Divisions prior to issuance of any commercially based massage establishment permit:

(1)

A scaled or dimensioned floor plan of the facility that identifies all existing and proposed uses within the space and required operational characteristics including but not limited to doors, walls, restrooms, lobbies, massage rooms, minimum required lighting, location of posting of required signs, location of linens storage (clean and soiled), and all tables.

(2)

Any proposed window or building signage.

(3)

A scaled map indicating the outline of the building in which the massage establishment is proposed and a scaled radius 500 feet from the outer most exterior of the building in all directions. Any other massage establishment within the 500-foot radius shall be indicated. Any existing massage establishment within this radius shall render the application, "unqualified for processing." Competing applications for the same area will be honored in the chronological order in which they applied.

(e)

The City is allowed a reasonable time, not to exceed sixty (60) days, in which to investigate the information on the application. During the investigation of the background information, a City representative including, without limitation, a member of the Police Department, Fire Department, Building and Safety Division, Planning Division, or Code Enforcement Division, or any authorized representatives or contractors thereof, may inspect, with or without notice during regular business hours, the proposed place of business to determine whether it conforms to the requirements of this chapter. Upon completion of the inspection, the City representative must inform the Chief of Police in writing of the findings of the inspection.

(f)

A massage establishment permit or off-premises massage permit, or a denial of the application for such permit, will be issued within sixty (60) days of receipt of a complete application and all information necessary to complete the application review and approval, to any applicant who has furnished all of the information required by this section in the application for such license, provided:

(1)

The applicant has not made a material false statement in the application, and all massage practitioners who will be working as employees or independent contractors at each massage establishment or off-premises massage business location possess current and valid certification from the CAMTC as a massage practitioner or massage therapist;

(2)

The applicant, if an individual, or in the case of an applicant which is a corporation, limited liability company, partnership or other business entity, any of its RMOs, has not, within ten (10) years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of any specified criminal offense as defined in this chapter, as well as any offense requiring registration under Penal Code Section 290 or Health and Safety Code Section 11550 or 11590, any offense involving the possession, possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code Sections 11054 to 11058, the applicant has not been convicted under the Red Light Abatement Act (Penal Code Section 11225 et seq.), or any offense in another state, which if committed in California, would have been punishable as one or more of the above listed offenses, or any offense involving the use of force or violence upon the person of another, or any offense involving theft, embezzlement, or moral turpitude;

(3)

The applicant is at least eighteen (18) years of age;

(4)

The applicant has not had a massage technician, massage practitioner, massage therapist, massage business, massage establishment, off-premises massage business, escort service, nude entertainment, nude photo studio, or similar type of license or permit suspended within one year or revoked within three (3) years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances or that mitigating circumstances exist since the revocation or suspension;

(5)

The applicant has obtained a zoning clearance and/or home occupation permits as applicable, and paid all application fees for the massage establishment permit or off-premises massage permit, business tax certificate application, massage establishment inspection, and obtained a certificate of occupancy;

(6)

Any application will be denied if the applicant fails to provide information identified by the Chief of Police as reasonably necessary to review the application within thirty (30) days of such request. The Chief of Police when requesting such information within the sixty (60) day review period after receipt of the application may extend the review period by another thirty (30) days;

(7)

If prosecution is pending against the applicant for conduct violating this article's provisions, the Chief of Police may postpone decision on the application until the final resolution of the prosecution. As used in this subsection, prosecution means charges filed by the District Attorney or City Attorney, administrative proceedings brought by a local government or agency, or civil or administrative action maintained by any city, county, state, or government;

(8)

The Chief of Police may postpone decision on a license or Permit application until the City receives the applicant(s) fingerprint review results from the Department of Justice and the background clearance from the City-approved provider;

(9)

If the permit application is denied, the Chief of Police shall give written notice of the grounds for denial to the applicant personally or by first class mail, postage prepaid, at the address provided in the application. The notice shall advise the applicant on the right to appeal the decision.

(g)

It shall be unlawful to open, become the owner of, or operate a massage establishment or off-premises massage business in the city without first obtaining approval in the form of a valid massage establishment permit or off-premises massage permit from the Chief of Police to do so.

(§ 2 (Exh. A), Ord. No. 1287, eff. April 5, 2018)